Neighbour old boundary wall which is in my property

Dear Client,
As per the topographical land survey, layout marking and demarcation are done, inclusive of roads, plots, commercial spaces, and extra spaces for public use, etc. The demarcation is almost purely a technical operation, carried out jointly by the surveyors, acting as boundary engineers, of both parties. Post-survey of the land, a unique survey number is given for plots based on the topographical location of the land. Property demarcation means physically dividing the property into metes and bounds (i.e., area and boundaries of each property will be made), the rules and procedure of which may vary from state to state. Only the recorded owners of the property can apply for demarcation to the Tehshildar/Land Revenue Officer, or it can be done on orders from a Civil Court. In the given scenario, if the dispute is not resolved mutually between the parties, then be informed that unauthorisedly occupying someone’s land or property with the wrong intention is considered an illegal encroachment and criminal trespass triable under Section 441 of IPC(Section 329 of BNS) once an FIR/ complaint is lodged by the aggrieved party in the police station or the jurisdictional court. If a person is found guilty of illegal encroachment and criminal trespass, they may be fined and imprisoned for up to 3 months. Apart from this, you can file a civil suit for a declaration and recovery of possession of the property under Sec.34 and Section 5 of the Specific Relief Act, 1963 before the competent Civil Court seeking an order of interim injunction under Order 39, Rule 1 & 2 CPC. You can also make a private complaint against the persons/neighbours who are unauthorisedly occupying your land in the court of a Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused persons under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, consult or hire an experienced property lawyer for tailored advice to navigate the issue in the right way.

Dear Client,

To reclaim your property from an encroaching old boundary wall, the first crucial step is to gather all your property documents and commission a professional land survey to definitively establish your property lines.

With this evidence, attempt an amicable resolution with your neighbor; if unsuccessful, send a formal legal notice through a lawyer. Should the neighbor fail to comply, you'll need to file a civil suit for recovery of possession and/or a mandatory injunction to compel the wall's removal, strictly avoiding any self-help demolition.